Volume 15,
Issue 5,
2015

In countless conversations with law firm partners, marketing leaders, and professional development directors over the past 18 months, I have found a shared commitment to providing lawyers with the tools they need to succeed, not just for the benefit of the firm, but for the individual progress of each person it employs.

How often do you hear someone say, "We need a meeting to discuss this..."? There is probably a smile (or a scowl!) on your face right now, since you've likely heard that expression many, many times. Consider this as well: Is discussion an activity or an outcome? It's an activity - which is why meetings are often so ineffective.

University of the Free State
University of Johannesburg
University of KwaZulu-Natal
Nelson Mandela Metropolitan University
University of Pretoria
Rhodes University
Stellenbosch University
University of the Witwatersrand

The effects of the frequent warnings invariably given by Eskom whenever there are rolling blackouts or "load-shedding" could be minimised significantly if consumers and businesses had the ability to switch to self-generated home battery stored renewable energy. This seems to be an invaluable solution for keeping the lights on.

The Minister of Finance has announced that the tax treatment of dividends paid to employees via share plans will again be reviewed this year. The current rules are a quite a maze, particularly those for trusts.

Section 133 of the Companies Act (71 of 2008) provides for a general moratorium on legal proceedings against a company in business rescue. The section states that, during business rescue proceedings, no legal proceeding against the company, or in relation to any property belonging to the company, or lawfully in its possession, may be commenced or proceeded with except with the written consent of the business rescue practitioner (BRP) or with the leave of the court.

On 25 February the Minister of Finance declared the business of a hedge fund to be that of a collective investment scheme to which certain provisions of the Collective Investment Schemes Control Act of 2002 will apply (the Declaration). Draft Regulations for Hedge Funds in terms of the Act were published on 16 April 2014 and the Declaration commenced on 1 April. Hedge fund managers will have six months to lodge an application for registration as a manager of a hedge fund with the Registrar in accordance with s42.

Can a bank lawfully freeze a client's bank account without an express term in the facility agreement? This was the issue in the recent case of South African Petroleum Energy Guild (NPC) v RMB Private Bank (2014/27890) [2014] ZAGPJHC 368 (5 December 2014). The court considered whether the responsibilities of the bank in respect of money laundering under the Financial Intelligence Centre Act (38 of 2001) (FICA) and the Prevention of Organised Crime Act (121 of 1998) (POCA) impose obligations that may be imputed as a tacit or implied term which, inter alia, entitles banks to freeze clients' accounts when there is a reasonable suspicion that the funds in the accounts were the proceeds of illegal activities.

On the 5th October 1997 The Sunday Times (South Africa) reported: "When South Africa reentered international sport six years ago the looming new democracy was excited at having an instant role model for people of diverse cultures. From President Mandela down, politicians were quick to point out that sport had provided an ideal catalyst for change, that sport, like no other area of public life, had the capacity to break down barriers and forge the links in the nation building chain."

Much can be, and has been, said about the Road Accident Fund Regulations of 2008. Of particular interest is the question of whether the Minister of Transport has an obligation to publish operational guidelines so claimants and their attorneys can comply with the Regulations and, in particular, Regulation 3.

Negligent hiker must pay $9.2K rescue bill
Mother/daughter Pink concert is not abuse of parental discretion
Judge rebuked for Facebook posts about her trials says it is not unethical
Law grad denied admission based on a recommendation letter that was part of a settlement
Couple guilty of having sex on the beach; man faces 15 years in prison
Law firm does not owe fired attorney any bonuses
Two lawyers charged after courthouse fight
Law prof pursues assault suit for colleague's shoulder squeeze
Lawyer's appeals brief falls short of argument, court says
School drill with masked gunman allegedly traumatised a teacher
Band can't trademark disparaging name
Prolonged traffic stop for drug-dog sniff may violate Fourth Amendment
Judge rules prosecutors undercharged cop and acquits him of killing
Squished-together words don't count as one; appeal tossed

Wines (particular the higher end wines) from Old World wine producers such as France are generally known to age exceptionally well, becoming more complex and softer over time. In contrast, New World wines from producers such as South Africa and New Zealand are more often enjoyed at a younger age - specifically varieties such as Pinot Noir.

The international thought police may dislike it, but national stereotypes are a fact of life. Australia is known internationally as the Lucky Country. But Australians mostly prefer to describe it as it the land of the "fair go". If you Google "fair go Australia" you score 74 million hits (to put this in context, "German humour" rates a modest 18 million).

For the past few years I have penned many articles to the legal profession via my monthly column in without prejudice, most of which have been either car reviews or my opinions on certain market trends. This month I have something different for you all to absorb; hopefully there is a Candidate Attorney or two who can shed some light on the matter at hand.

2008 was not a good year for the world, nor was it a good one for South Africa. A national power crisis crippled growth in South Africa, and many small businesses could simply not cope with the added misfortune of a global recession. Nevertheless, the Top Students of 2009 managed to excel at their studies despite all this turmoil. The question is, will these students excel at their careers by applying technology or excel by conducting business as usual?